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Who should petition for conservatorship?

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pbminor

Member
What is the name of your state (only U.S. law)?
I live in California. My friend wants me to act as conservator for her father. She is his only relative. She wants me to be conservator because she is developmentally disable. She is very high functioning but sometimes has trouble understanding things. We have no money so will be attempting this on our own. My question is, who would the courts more like to see submit the petition, me or her?
Thanks
 


FarmerJ

Senior Member
Have you spoken to your counties social services to learn what your legal obligations are should you be come his gaurdian ?
 

mistoffolees

Senior Member
What is the name of your state (only U.S. law)?
I live in California. My friend wants me to act as conservator for her father. She is his only relative. She wants me to be conservator because she is developmentally disable. She is very high functioning but sometimes has trouble understanding things. We have no money so will be attempting this on our own. My question is, who would the courts more like to see submit the petition, me or her?
Thanks
Really bad idea at this point.

Now, if you had taken the time to educate yourself about the responsibilities and what you have to do - and learned about the social services available, then it would be a reasonable decision for you to decide to do so or not to do so. But simply blindly agreeing to act as conservator for an elderly person when you don't have any idea what's involved or what it means or how to do it?

Recipe for disaster.

Contact a local attorney to see if you can find one who will give you an initial consultation for free. Find out what you are agreeing to.
 

pbminor

Member
Really bad idea at this point.

Now, if you had taken the time to educate yourself about the responsibilities and what you have to do - and learned about the social services available, then it would be a reasonable decision for you to decide to do so or not to do so. But simply blindly agreeing to act as conservator for an elderly person when you don't have any idea what's involved or what it means or how to do it?

Recipe for disaster.

Contact a local attorney to see if you can find one who will give you an initial consultation for free. Find out what you are agreeing to.
Have you spoken to your counties social services to learn what your legal obligations are should you be come his gaurdian ?

Thanks for the replies.
I'm using a courts.ca.gov self help website. They provide all the forms and information, including a conservatorship handbook. I have briefly read all that is required of a conservator. Luckily, her father has very little and lives on a fixed income. He is currently in a nursing home. His doctor recently told her that a conservatorship is needed.
I have called for attorneys. There are no free consultations for this type of matter.
 

mistoffolees

Senior Member
Thanks for the replies.
I'm using a courts.ca.gov self help website. They provide all the forms and information, including a conservatorship handbook. I have briefly read all that is required of a conservator. Luckily, her father has very little and lives on a fixed income. He is currently in a nursing home. His doctor recently told her that a conservatorship is needed.
I have called for attorneys. There are no free consultations for this type of matter.
OK. You've got all the instructions and forms and you're convinced that you want to go ahead. So what's the question? Don't the forms tell you how to submit them?
 

pbminor

Member
OK. You've got all the instructions and forms and you're convinced that you want to go ahead. So what's the question? Don't the forms tell you how to submit them?
Yes, but they don't tell me who would be better to petition the court. I feel it would be better for his daughter to submit the petition. This would show that , according to the .gov website, someone who was second in the "order of preference" would be nominating me to be conservator. The problem with this is the daughter may not be able to do everything that might be required of a petitioner.
I've not yet found information on anything that may be required of the petitioner. Do you know if it's just filing the many forms with their attachments? Or will there be a lot of questions to her directly?
 
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